AG Opinions and Requests

February 24, 2020

Legislative News

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TAC has highlighted recent Attorney General Opinions and Requests for Opinions of interest to counties.

Attorney General Opinions

Opinion relating to county education entities. KP-0288: Whether subsection 11.060(d) of the Education Code, regarding filling a vacancy on the board of trustees of an independent school district, applies to the Harris County Department of Education (RQ-0301-KP)

Former section 17.04 of the Education Code requires the Harris County Department of Education's board of trustees to fill a vacancy on the board for the unexpired portion of the term, and current subsection 11.060(d) requires the board to-fill the vacancy not later than 180 days after it occurs if more than one year remains in the term. Failure of the board to fill a vacancy within the statutory period provides a basis for a court order compelling the board to comply with its duty.

Requests for Attorney General Opinions

Request relating to county infrastructure needs. RQ-0333-KP: The Honorable Eddie Lucio, Jr., Chair of Committee on Intergovernmental Relations, Texas State Senate; Standards applicable to roads constructed by the Bastrop County Water Control and Improvement District No. 2 under section 11001.010 of the Special District and Local Laws Code.

Request relating to state-mandated cybersecurity training for government employees. RQ-0332-KP: The Honorable R. David Holmes, Hill County Attorney; Whether subsection 2054.5191(a-1) of the Government Code requires a member of the board of directors of an appraisal district to complete certified cybersecurity training.

Request relating to the court. RQ-0331-KP: The Honorable Mark A. Gonzales, Nueces County District Attorney; Whether in misdemeanor cases the trial court has authority to issue a capias on the filing of an information or complaint under article 23.04, Code of Criminal Procedure, but before commitment or bail under article 23.01, Code of Criminal Procedure.